Legal

    The Maintenance Act 99 of 1998 restated the common law duty of parents to support their children. What orders can the maintenance court make? Where there is no maintenance order in force: Order the person who has been proved liable to maintain someone to pay money towards that person’s maintenance; Stipulate the manner, duration and times of payment; …

That terrible “D” word ….the first thing that comes to mind when you hear the word “divorce” is probably spouses at war, each trying to emerge victorious, nothing and no one is spared, not even their poor children who more often than not become perfect little pawns in the battle to be right.  Or, on the other hand we visualise …

Economic abuse includes– a) the unreasonable deprivation of economic or financial resources to which a complainant is entitled under law or which the complainant requires out of necessity, including household necessities for the complainant, and mortgage bond repayments or payment of rent in respect of the shared residence; or b) the unreasonable disposal of household effects or other property in which the …

In terms of the preamble to the Domestic Violence Act, it was enacted due to the State recognising that that domestic violence is a serious social evil and that there is a high incidence of domestic violence within South African society. The legislators recognised that victims of domestic violence are among the most vulnerable members of society. The Act deals …

It is always advisable to consult an attorney before making life changing decisions such as the financial and social consequences of your divorce. Attorneys can be expensive however they are crucial in the negotiation and settlement process to make sure you do not give up your rights. However if you cannot afford the services of an attorney there are various …

Mediation gives couples who are separating/divorcing the following advantages over litigating; 1. COST – The Mediation process generally takes much less time than moving a case through standard legal channels. Because both parties are working with the same base of information, it usually takes far less time to negotiate a resolution that makes sense to both parties. Therefore taking less time …

A family law mediator is a neutral party specially trained to help couples resolve the issues in their divorce. The mediator facilitates the communication between the parties by making sure each party is given an uninterrupted time to speak, asking a party to restate or explain a point when necessary, and asking questions to make communication clear. The mediator also …

In mediation, you and your spouse meet with a neutral third party, the mediator, and with their help ,you work through the issues you need to resolve ,so the two of you can end your marriage as amicably and in the most cost effective way  possible. The issues covered in divorce mediation include but are not limited to the following: …

Division of assets in a divorce depends on how you were married in the first place. When you get married you get to choose how your assets will be controlled during the marriage and upon death or divorce. There are three ways in which you can get married in South Africa: Marriage in community of property 1.         Each spouse has …

In terms of the Children’s Act, every child has the right to reasonable maintenance and every parent has an obligation to maintain his or her child. What is ‘reasonable’ will depend on the family’s standard of living, their income and the cost of living. The Court will ask three questions: 1.            What are the child’s reasonable needs? 2.            What are …